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NAVY | DRB | 2000_Navy | ND00-00739
Original file (ND00-00739.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-SMSR, USNR
Docket No. ND00-00739

Applicant’s Request
The application for discharge review, received 000522, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010104. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My undesirable discharge was inequitable because of a one time conviction in a year and a half.

2. I have a desire to reenter service and earn an honorable discharge.

3. As quoted in the U.S. Naval Support Activity Document "on 8 October 1988 are a approved and excepted for the Bad Conduct Discharge, will be executed."

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant
Copy of Request for Waiver
Copies of Employment Reference Letter (2)
Copy of Reference Letter from Senior Pastor
Copy of Special Court Martial Convening Authority (2pgs)
Copy of DD Form 214
Copy of Convening Authority Notification
Copy of Convening Authority Government Counsel Satisfaction Questionnaire
Copy of Report of Return of Deserter Message
Copy of Charge Sheet (2pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR            None

 Period of Service Under Review :
Date of Enlistment: 870501               Date of Discharge: 890824

 Length of Service (years, months, days):

         Active: 01 11 22
         Inactive: 00 00 30

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 56

 Highest Rate: SMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)    Behavior: 3.20 (2)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 44

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

870602:  Ordered to active duty for 36 months under the Active Mariner program.
880817:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 880808 having been an unauthorized absentee since 0745, 880708 from USS NASHVILLE (LPD-13).

880823:  Report of Return of Deserter. Applicant surrendered to military authorities on 880821 (2150) at FT CARSON, CO. Returned to military control 880821 (2150). Retained onboard pending disposition instruction from parent command.

881008:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86: Unauthorized absence 880708 – 880821, [44 days/S.].
         Charge II: violation of the UCMJ, Article 87: Missed Ship's Movement through neglect.
         Findings: to Charge I and II, guilty.
         Sentence: CHL for 30 days, reduction to E-1, Bad Conduct discharge.
         CA 881104: Sentence approved and ordered executed, except for bad conduct discharge.
        
881008:  Joined Navy Brig, Philadelphia, PA for confinement.
881101:  Applicant waived clemency review

881104:  From confinement; to appellate leave.
890127:  NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.
890824:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.            

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890824 with bad conduct due to convicted by special court martial (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 The applicant’s first issue states: “My undesirable discharge was inequitable because of a one time conviction in a year and a half.” The NDRB can upgrade a BCD based on clemency. The applicant failed to provide any documentation to support clemency. Relief is not warranted.

The applicant’s second issue states: “I have a desire to reenter service and earn an honorable discharge.” Regarding the applicant’s issue, the NDRB makes has no authority to over applications for reenlistment. The applicant should consult his local Navy recruiter for reenlistment opportunities. Relief is not warranted.

The applicant’s third issue states: “As quoted in the U.S. Naval Support Activity Document "on 8 October 1988 are a approved and excepted for the Bad Conduct Discharge, will be executed."” The record shows that the applicant was placed on appellate leave on 881104, his case was reviewed by NMCCMR on 890127, and the Bad Conduct Discharge was ordered executed on 890824. Evidence in the record shows that this information was sent to the applicant via certified mail. Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 13 Dec 89, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.


PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard D.C. 20374-5023    



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